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Aviation Law Midterm and final Exam Study Guide Combination with Complete Solutions

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Aviation Law Midterm and final Exam Study Guide Combination with Complete Solutions Constitutional Law - ANSWER-Derived from Constitutions, both federal and state Statutory Law - ANSWER-Statutes are laws that are made by legislatures (congress or state state legislatures). Supersedes any common law to the contrary. Legislative branch Common Law (decisional law) - ANSWER-law based on previously decided cases Equity - ANSWER-Developed in England, fairness, mitigates the harshness of the law U.S. government - ANSWER-a federal system. Both States and Federal gov can make laws(sovereign) Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 2/52 Federal vs. State - ANSWER-Some things are governed by Federal law alone, other by state law alone, sometimes by both (federal always supersedes state) Preemption of Laws - ANSWER-1). U.S. federal law 2). 50 State law 3). Municipality Law (County, parish, town, ect.) Types of Laws - ANSWER-Criminal Civil (tort and contract) Administrative Congress Clause - ANSWER-Congress used its authority under this of the U.S. constitution (Artcle1, Section8, Clause 3) to impose regulation on the aviation industry. Aviation involves interstate commerce, so Congress has the power to regulate it. Air Commerce act of 1926 was passed. Regulations - ANSWER-Federal regulation of aviation was placed under an "Aeronautics Branch" within the department of commerce. First Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 3/52 regs went into effect Dec 31, 1926 Called " Air Commerce Regulations). Administrative agency under executive branch ACR - ANSWER-Required pilots and mechanics to be certificated, set standards for aircraft design and construction and engine type/design certification Bureau of Air Commerce - ANSWER-renamed from Aeronautics Branch, new act was passed called "Civil Aeronautics Act", then created "Civil Aeronautics Board (CAB)', and "Civil Aeronautics Administration (CAA)", Regulation reissued as "Civil Air Regulations(CAR)" civil aeronautics board - ANSWER-regulated economic aspects of aviation- fares charged and the routes flown by airlines. eliminated in 1985. Civil aeronautics administration - ANSWER-regulated all matters related to safety Federal Aviation Act - ANSWER-1958, created independent Federal agency called the FAA. Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 4/52 Federal Aviation Regulation - ANSWER-FAR, Extensive rewrite of regulations, Found in the code of federal regulation (CFR). Contains regulations from other agencies like OSHA, FCC, EPA etc. CFR - ANSWER-organized into titles, FAR's found in Title 14. Far's are divided into parts which deal with different topics.

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Institution
Aviation Law
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Aviation Law

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Uploaded on
November 23, 2024
Number of pages
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Written in
2024/2025
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Aviation Law Midterm and final Exam
Study Guide Combination with
Complete Solutions


Constitutional Law - ANSWER✔✔-Derived from Constitutions, both

federal and state


Statutory Law - ANSWER✔✔-Statutes are laws that are made by

legislatures (congress or state state legislatures). Supersedes any common

law to the contrary. Legislative branch


Common Law (decisional law) - ANSWER✔✔-law based on previously

decided cases


Equity - ANSWER✔✔-Developed in England, fairness, mitigates the

harshness of the law


U.S. government - ANSWER✔✔-a federal system. Both States and Federal

gov can make laws(sovereign)



Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 1/52

,Federal vs. State - ANSWER✔✔-Some things are governed by Federal law

alone, other by state law alone, sometimes by both (federal always

supersedes state)


Preemption of Laws - ANSWER✔✔-1). U.S. federal law


2). 50 State law


3). Municipality Law (County, parish, town, ect.)


Types of Laws - ANSWER✔✔-Criminal


Civil (tort and contract)


Administrative


Congress Clause - ANSWER✔✔-Congress used its authority under this of

the U.S. constitution (Artcle1, Section8, Clause 3) to impose regulation on

the aviation industry. Aviation involves interstate commerce, so Congress

has the power to regulate it. Air Commerce act of 1926 was passed.


Regulations - ANSWER✔✔-Federal regulation of aviation was placed

under an "Aeronautics Branch" within the department of commerce. First




Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 2/52

,regs went into effect Dec 31, 1926 Called " Air Commerce Regulations).

Administrative agency under executive branch


ACR - ANSWER✔✔-Required pilots and mechanics to be certificated, set

standards for aircraft design and construction and engine type/design

certification


Bureau of Air Commerce - ANSWER✔✔-renamed from Aeronautics

Branch, new act was passed called "Civil Aeronautics Act", then created

"Civil Aeronautics Board (CAB)', and "Civil Aeronautics Administration

(CAA)", Regulation reissued as "Civil Air Regulations(CAR)"


civil aeronautics board - ANSWER✔✔-regulated economic aspects of

aviation- fares charged and the routes flown by airlines. eliminated in 1985.


Civil aeronautics administration - ANSWER✔✔-regulated all matters

related to safety


Federal Aviation Act - ANSWER✔✔-1958, created independent Federal

agency called the FAA.




Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 3/52

, Federal Aviation Regulation - ANSWER✔✔-FAR, Extensive rewrite of

regulations, Found in the code of federal regulation (CFR). Contains

regulations from other agencies like OSHA, FCC, EPA etc.


CFR - ANSWER✔✔-organized into titles, FAR's found in Title 14. Far's are

divided into parts which deal with different topics.


Department of Transportation - ANSWER✔✔-DOT, FAA placed under this

and renamed federal aviation administration. The FAA is under DOT,

regulations are called FAR's, and are part of the CFR.


Important federal agencies involved in aviation - ANSWER✔✔-DHS, TSA,

DOT, FAA


Department of homeland security - ANSWER✔✔-headed by secretary of

homeland security, contains coast guard, customs service, Transportation

Security Administration, FEMA


TSA - ANSWER✔✔-controls airport secuirty, maintains no fly list and

selectee list.


DOT - ANSWER✔✔-headed by secretary of transportation, Responsible for

rail, shipping, highway, and aviation.
Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 4/52

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